Bill Text: CA AB808 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Automotive fuels and products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State - Chapter 591, Statutes of 2015. [AB808 Detail]
Download: California-2015-AB808-Amended.html
Bill Title: Automotive fuels and products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State - Chapter 591, Statutes of 2015. [AB808 Detail]
Download: California-2015-AB808-Amended.html
BILL NUMBER: AB 808 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2015
AMENDED IN ASSEMBLY MAY 4, 2015
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 26, 2015
An act to amend Sections 13405, 13410, 13411, 13413,
13420, 13421, 13440, 13440.5, 13442, 13450, 13460, 13470,
13470.5, 13471, 13472, 13477, 13480, 13481, 13482, 13485, 13486,
13500, 13501, 13502, 13530, 13531, 13532, 13535, 13550, 13570, 13590,
13591, 13592, 13595, 13600, 13700, 13710, 13711, and 13741 of, to
amend the headings of Chapter 14 (commencing with Section 13400) of,
Article 2 (commencing with Section 13410) of Chapter 14 of,
Article 5 (commencing with Section 13440) of Chapter 14 of,
Article 5.5 (commencing with Section 13446) of Chapter 14 of, Article
6 (commencing with Section 13450) of Chapter 14 of, Article 8
(commencing with Section 13470) of Chapter 14 of, and Article 13
(commencing with Section 13550) of Chapter 14 of, Division 5 of, to
add Section 13404.5 to, to repeal Sections 13401, 13402, and 13403
of, and to repeal and add Sections 13400 and 13446 of, the Business
and Professions Code, relating to automotive fuels and products.
LEGISLATIVE COUNSEL'S DIGEST
AB 808, as amended, Ridley-Thomas. Automotive fuels and products.
(1) Existing law regulates the sales of motor vehicle fuels and
lubricants. Existing law requires the Department of Food and
Agriculture to establish standards for motor vehicle fuels and other
petroleum products that are offered for sale in the state and
requires the department, through the Division of Measurement
Standards to enforce regulations and standards for motor vehicle
fuels and lubricants. A violation of this law and those regulations
and standards is a crime.
This bill would revise and recast those provisions and would
additionally subject the retail sale of electricity for the purposes
of transferring electricity to, or storing onboard
electricity, electricity onboard, an electric
vehicle primarily for the purpose of propulsion and other alternative
fuels. The bill would authorize the department to establish interim
specification specifications for
alternative fuels, as defined, until specified conditions are met.
The bill would require the Secretary of Food and Agriculture to
establish the method of sale of motor vehicle fuels and lubricants
sold at retail to the public.
(2) Existing law prohibits the sale of a petroleum product that is
conditioned on the purchase of another product, merchandise, or
service, except that a person who operates a full service car wash
facility may condition the sale of petroleum products on the purchase
of a car wash.
This bill would instead prohibit the conditional sale of motor
vehicle fuel rather than petroleum products, and would delete the
exemption for full service car wash facilities.
(2)
(3) Existing law makes it unlawful for a person to sell
or distribute engine oil or axle and manual transmission lubricant
unless the SAE/API service classification is conspicuously marked on
each container. A violation of this requirement is a crime.
This bill would also require the product to conform to a
specified classification or specification. The bill would require
that, whenever the motor oil does not meet an active API service
category, each sign or label bear a plainly visible cautionary
statement in compliance with SAE J183 Appendix A.
revise the classifications and specifications to which engine oil or
lubricants and axle and manual transmission lubricants are
required to conform.
(3)
(4) Existing law regulates the sale of automotive
products, such as engine coolant and antifreeze. Existing law
requires the department to establish specification for those
products. Existing law deems an automatic transmission fluid as
mislabeled under certain conditions. A violation of regulations
governing the sale of automotive products is a crime.
This bill would revise and recast those provisions and would
additionally deem an automatic transmission fluid
to be mislabeled if the container and carton do not bear a
lot or batch number on the label information
identifying the container lot or batch. The bill would require the
secretary to establish the method of sale of diesel exhaust fluid
sold at retail to the public. The bill would authorize the sealer to
take samples reasonably necessary for enforcement purposes under
certain conditions. The bill would require manufacturers or packagers
of automotive products, upon request, to provide to a duly
authorized representative of the department documentation of claims
made on their products.
(4)
(5) This bill would make conforming and nonsubstantive
changes.
(5)
(6) Because a violation of the above provisions
is would be a crime, this bill would
impose a state-mandated local program.
(6)
(7) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Chapter 14 (commencing with Section
13400) of Division 5 of the Business and Professions Code is amended
to read:
CHAPTER 14. FUELS AND LUBRICANTS
SEC. 2. Section 13400 of the Business and Professions Code is
repealed.
SEC. 3. Section 13400 is added to the Business and Professions
Code, to read:
13400. For purposes of this chapter, the following terms mean the
following:
(a) "Advertising medium" includes banner, sign, placard, poster,
streamer, and card.
(b) "Alternative fuels" means any of the following:
means:
(1) "Biodiesel," which is a fuel comprised of
monoalkyl mono-alkyl esters of long
chain fatty acids derived from plant or animal matter that meets the
requirements of the American Society for Testing and
Materials (ASTM) ASTM International Standard
Specification D6751 "Standard Specification for Biodiesel Fuel Blend
Stock (B100) for Middle Distillate Fuels."
(2) "Biodiesel blend," which is a fuel
consisting comprised of biodiesel mixed with
diesel fuel that meets the requirements of ASTM International
Standard Specification D7467 "Standard Specification for
Diesel Fuel Oil and Biodiesel Blend (B6 to B20)."
D7467.
(3) "Dimethyl ether," which is an organic
compound meant for combustion in compression-ignition engines that
meets the requirements of dimethyl ether prescribed in this chapter.
(4) "Electricity," which is electrical energy
transferred to, or stored onboard, or both transferred to
and stored onboard, to or stored onboard an
electric vehicle primarily for the purpose of propulsion.
(5) "Ethanol," which is denatured motor fuel
ethanol meeting the requirements of ASTM International Standard
Specification D4806 "Standard Specification for Denatured
Fuel Ethanol for Blending with Gasolines for Use as Automotive
Spark-Ignition Engine Fuel." D4806.
(6) "Ethanol fuel blend," which is a motor
vehicle fuel consisting primarily of ethanol mixed with gasoline
meeting the standards prescribed for ethanol fuel
blends by this chapter.
(7) "Hydrogen," which is a fuel consisting of
molecular high purity hydrogen intended
for consumption in a surface vehicle or electricity
production device motor vehicle with an internal
combustion engine or fuel cell that meets the standards for hydrogen
prescribed by this chapter.
(8) "Methanol fuel blend," which is a motor
vehicle fuel consisting primarily of methanol mixed with gasoline
meeting the standards prescribed by this chapter.
(9) "Natural gas," which is a gaseous mixture
of hydrocarbon compounds consisting of primarily methane in the form
of a compressed gas or a cryogenic liquid intended for use as a motor
vehicle fuel.
(10) "Propane," which is a liquefied petroleum
gas intended for use as a motor vehicle fuel and meeting the
standards prescribed by this chapter.
(11) Any other fuel intended for use as a motor vehicle fuel that
the Secretary of Food and Agriculture
secretary determines is an alternative fuel.
fuel that has a standard specification from a standards
development organization accredited by the American National
Standards Institute (ANSI), or an interim standard specification
pursuant to Section 13446.
(c) "Automotive spark-ignition engine fuel" means a product used
for the generation of power in a spark-ignition internal combustion
engine.
(d) "Compression-ignition engine fuel" means a product used for
the generation of power in a compression-ignition internal combustion
engine.
(e) "Developmental engine fuel" means an experimental
automotive spark-ignition engine fuel or
compression-ignition fuel that does not meet standards
established by this chapter but has characteristics that may lead to
an improved fuel standard or the development of an alternative fuel
standard.
(f) "Diesel fuel" means a any
hydrocarbon oil meant for combustion in compression-ignition engines
offered for sale that meets the standards for diesel fuel prescribed
by this chapter.
(g) "Engine fuel" means any gasoline, diesel, or alternative fuel
used for the generation of power in an internal combustion engine or
fuel cell in a motor vehicle, or electrical power delivered
conductively or inductively to an electric motor in electric or
plug-in hybrid vehicles. "Motor vehicle fuel" means
"engine fuel" when that term is used in this chapter.
(h) "Fuel oil" means any lubricant product
offered for sale that is burned in a furnace or boiler
for the generation of heat and meets the standards
prescribed for fuel oil prescribed by this
chapter.
(i) "Gasoline" means a volatile mixture of liquid hydrocarbons,
generally containing small amounts of additives, suitable for use as
a fuel in a spark-ignition internal combustion engine.
(j) "Gasoline-oxygenate blend" means a fuel consisting primarily
of gasoline along with a substantial amount of one or more
oxygenates. For purposes of this subdivision, "substantial amount"
means more than 0.35 mass percent oxygen or, if methanol is the only
oxygenate, more than 0.15 mass percent oxygen.
oxygenates that meets ASTM International Standard D4814.
(k) "Kerosene" means a fuel offered for sale that meets the
standards for kerosene prescribed in this chapter.
(l) "Lubricant" means a lubricating oil or other substance that
reduces friction and wear between moving parts within an engine and
other motor vehicle components.
(m) "Lubricating oil" means motor oil, engine lubricant, engine
oil, lubricating axle oil, gear oil, or manual transmission fluid.
(n) "Manufacturer" means manufacturer, refiner, producer, or
importer.
(o) "Motor oil" or "engine oil" means an oil
that reduces friction and wear between the moving parts within an
internal combustion engine and also serves as a coolant. For
purposes of this chapter, motor oil also means engine oil.
(p) "Motor vehicle fuel" means an engine fuel intended for
consumption in, including, but not limited to, an internal combustion
engine, fuel cell, or electric motor to produce power to self-propel
a vehicle designed for transporting persons or property on a public
street or highway.
(q) "Octane number" or "antiknock index number," when used in this
chapter, means that number assigned to a spark-ignition engine fuel
that designates the antiknock quality. The "octane number" or
"antiknock index number" shall be determined according to the ASTM
International method or methods designated in the latest ASTM
International Standard Specification D4814.
(r) "Oxygenate" means an oxygen-containing ashless organic
compound, such as an alcohol or ether, that can be used as a fuel or
fuel supplement.
(s) "Renewable diesel fuel" means a diesel fuel derived from
nonpetroleum renewable resources. Renewable diesel fuel does not
include biodiesel, as defined in paragraph (1) of subdivision (b).
(t) "Sell" or any of its variants means attempt to sell, offer for
sale or assist in the sale of, permit to be sold or offered for sale
or delivery, offer for delivery, trade, barter, or expose for sale.
(u) "Standard test," as used in this chapter,
test " means a test conducted in accordance with the
latest published standard adopted by ASTM International.
SEC. 4. Section 13401 of the Business and Professions Code is
repealed.
SEC. 5. Section 13402 of the Business and Professions Code is
repealed.
SEC. 6. Section 13403 of the Business and Professions Code is
repealed.
SEC. 7. Section 13404.5 is added to the Business and Professions
Code, to read:
13404.5. The secretary shall establish the method of sale of
motor vehicle fuels and lubricants sold at retail to the public. In
doing so, the secretary shall adopt, by reference, the latest method
of sale for motor vehicle fuels and lubricants adopted by the
National Conference on Weights and Measures and published in the
National Institute of Standards and Technology Handbook 130 "Uniform
Laws and Regulations in the Areas of Legal Metrology and Engine Fuel
Quality," except as specifically provided by the Legislature or
modified, amended, or rejected by regulations adopted by the
secretary. In the absence of national standards, the secretary may
adopt interim standards of method of sale until the time when the
standards are adopted by the National Conference on Weights and
Measures and published in the National Institute of Standards and
Technology.
SEC. 8. Section 13405 of the Business and Professions Code is
amended to read:
13405. (a) The department may grant a variance from the
specifications of this chapter for developmental engine fuels if all
of the following conditions apply:
(1) Variances may only be granted to provide for the development
of information under controlled test conditions to assist in the
creation of chemical and performance standards for engine fuels.
(2) Developmental engine fuel shall only be distributed or sold to
fleet-type centrally fueled vehicle and equipment users.
(3) The applicant shall warn all parties in writing of any
potential risk associated with the use of the developmental engine
fuel.
(4) The applicant shall report information when and as the
department may prescribe in order for the department to monitor the
progress of the developmental engine fuel technology evaluation.
(b) The applicant for a variance shall comply with all other
requirements, terms, and conditions contained in this division and
regulations adopted by the department to further the purposes and
administration of this section.
(c) (1) In granting a variance, the department expresses no
opinion as to whether an applicant's developmental engine fuel will
perform as represented by the applicant nor any opinion to the
extent, if at all, that the developmental engine fuel may be safely
and effectively used as a substitute for other spark-ignition or
compression-ignition engine fuels without incident.
(2) Damages caused by the sale, delivery, storage, handling, and
usage of the developmental engine fuel shall be addressed in
accordance with contractual provisions negotiated and agreed upon by
the applicant and the user.
(d) The department may withdraw a variance if the applicant does
not adhere to the conditions required to obtain the variance or if
the department recognizes a high probability of equipment harm with
the continued use of the developmental engine fuel or to protect
public safety.
SEC. 9. The heading of Article 2 (commencing with
Section 13410) of Chapter 14 of Division 5 of the Business
and Professions Code is amended to read:
Article 2. Sale of Petroleum Products
Motor Vehicle Fuels and Lubricants
SEC. 9. SEC. 10. Section 13410 of
the Business and Professions Code is amended to read:
13410. (a) No person engaged in the business of extracting oil or
gas from lands within the state, or of producing motor vehicle fuels
for sale within the state, may refuse to sell to any city or county
sufficient quantities of his or her motor vehicle fuels or
lubricants, or both, sold during the normal course of business for
the essential services provided by the city or county.
(b) The board of supervisors of a county or its designated county
agency, upon application for the purchase of motor vehicle fuels or
lubricants, or both, to perform essential services by a city within
that county, by any agency of such city or county that performs an
essential service, or by any transit district created pursuant to
law, may arrange for the purchase and shall apportion the purchase
among all persons specified in subdivision (a) who engage in the sale
of motor vehicle fuels or lubricants, or both, within that county.
The board of supervisors or its designated county agency shall, to
the extent possible, apportion the total purchase of the motor
vehicle fuels or lubricants, or both, on the basis of the persons'
sales of that motor vehicle fuel or lubricant, or both, in the county
during the most recent 90-day period for which information is
available.
(c) For purposes of this section, "essential services" means
police, fire, health, and transportation services provided by public
agencies.
SEC. 11. Section 13411 of the Business
and Professions Code is amended to read:
13411. (a) Except
as specified in subdivision (b), it It is
unlawful for any person to sell or offer to sell petroleum
products motor vehicle fuel for use in any
vehicle, as the term vehicle is defined by the Vehicle Code, on the
condition that the purchaser also must purchase or pay for any other
products, merchandise, or services. This section does not apply
to parking time charges at locations also selling electricity as a
motor vehicle fuel.
(b) Notwithstanding subdivision (a), a person who operates a full
service car wash facility may sell or offer to sell petroleum
products for use in a vehicle on the condition that the purchaser
also must purchase car wash services, provided that all of the
following conditions are met:
(1) The full service car wash facility, during the base period, as
a normal business practice sold gasoline or other motor fuels only
to customers who purchased car wash services.
(2) The retail price for car wash services charged by the facility
during any given month does not exceed the retail price for car wash
services charged by the facility during the last month of the base
period except by an amount equivalent to that which is produced by
multiplying the retail price charged for car wash services during the
last month of the base period by the percentage by which the figure
representing the California Consumer Price Index as compiled and
reported by the California Department of Industrial Relations has
increased in the period beginning with the last month of the base
period and ending with the given month.
(3) The full service car wash facility sells or offers to sell in
conjunction with the car wash services not less than ten gallons of
gasoline with each purchase of such car wash services.
(4) The full service car wash facility when conditioning the sale
of gasoline upon the purchase of car wash services posts in a
conspicuous manner as close to the entrance to the facility as is
permitted by local ordinance a sign in letters not less than six
inches in height which effectively states that the purchaser must
purchase car wash services in order to purchase gasoline.
(c) For the purposes of this section, the following terms shall
have the following meanings:
(1) "Base period" refers to either the year of 1977, 1978, or
1979, whichever year is selected by the current operator of a full
service car wash facility subject to this section. Once the operator
of a full service car wash facility has selected one of these years
as a base period the operator or any subsequent purchaser of the
facility may utilize no other year as a base period for the purposes
of this section. If the full service car wash facility was not in
operation during 1977, 1978, or 1979, the base period shall be the
first full calendar year in which the facility is in operation.
(2) "Full service car wash facility" means a facility which,
during the base period, sold or offered to sell full service car wash
services and the service of waxing the exterior of a vehicle by hand
and at the same time and location sold or offered to sell gasoline.
(3) "Full service car wash services" means the cleaning of the
exterior of a vehicle, by means of mechanical devices or mechanical
devices and individuals, the drying of the exterior of a vehicle, and
the cleaning, including vacuuming, of the interior of a vehicle.
(4) "Practice" means a repeated or customary action as verified by
business records or other admissible evidence.
(d) In any civil action brought pursuant to Chapter 5 (commencing
with Section 17200) of Part 2 of Division 7 of this code for a
violation of this section by a person who operates a full service car
wash facility or his or her employees or agents, the person who
operates the full service car wash facility shall have the burden of
proof with respect to establishing compliance with the provisions of
this section.
(e) Any person who elects to operate a full service car wash
facility pursuant to subdivision (b) shall maintain records to
substantiate that the person has complied with the provisions of
paragraphs (1), (2), and (3) of subdivision (b) and shall permit the
district attorney of the county in which the full service car wash
facility is located and any authorized representative of a
governmental agency which is authorized under state law to enforce
the provisions of this section to inspect such records during normal
business hours.
(f) Notwithstanding the provisions of Section 13590, the district
attorney of each county shall enforce the provisions of this section.
(g) The provisions of subdivisions (b) to (e), inclusive, shall
apply only during periods when the maximum retail price which may be
charged for gasoline sold by any person in this state is established
by the federal or state government, or any department, agency, board,
or other entity thereof.
SEC. 10. SEC. 12. Section 13413 of
the Business and Professions Code is amended to read:
13413. (a) It is unlawful for any person or other legal entity to
make any deceptive, false, or misleading statement by any means
whatever regarding quality, quantity, performance, price, discount,
or saving used in the sale or selling of any commodity regulated
pursuant to this chapter.
(b) The following misleading, unfair, or deceptive acts or
practices committed or permitted by any person offering for sale any
product that is regulated by this chapter are also a violation of
this section:
(1) Misrepresenting the brand, grade, quality, or price of a motor
vehicle fuel or lubricant.
(2) Using false or deceptive representations or designations in
connection with the sale of motor vehicle fuels or lubricants.
(3) Advertising motor vehicle fuels or lubricants or services and
not selling them as advertised.
(4) Advertising motor vehicle fuels or lubricants of a designated
brand, grade, trademark, or trade name not actually sold or available
for sale.
(5) Making false, deceptive, or misleading statements concerning
conditions of sale or price reductions.
(6) Representing that the consumer will receive a rebate,
discount, or other economic benefit and then failing to give that
rebate, discount, or other economic benefit.
(7) Except as otherwise permitted, selling a grade of motor
vehicle fuel at more than one price and advertising only the lower
price without advertising each of the higher prices in equal size
numerals on the same advertising medium.
(8) Placing letters, words, figures, or numerals on any
advertising medium offering for sale any goods or merchandise, other
than motor vehicle fuel, if the advertising medium may be construed
by any reasonable person as advertising a price of motor vehicle
fuel.
(9) Forging or falsifying any records or documents required by
this chapter or knowingly keeping, using, or displaying the false or
forged records or documents.
SEC. 11. SEC. 13. Section 13420 of
the Business and Professions Code is amended to read:
13420. Every person, firm, partnership, association, trustee, or
corporation that owns, leases, or rents and operates a facility that
offers any motor vehicle fuel for sale to the public from
the a fueling facility abutting or adjacent to a
street or highway shall accurately update all signs, banners, or
other advertising media that indicate hours of the sale. Advertising
media indicating hours of sale shall be updated on a monthly basis.
SEC. 12. SEC. 14. Section 13421 of
the Business and Professions Code is amended to read:
13421. Every person, firm, partnership, association, trustee, or
corporation that owns, leases, or rents and operates a facility that
offers any motor vehicle fuel for sale to the public from the
facility abutting or adjacent to a street or highway shall turn off
all outdoor lighted advertising media at their place of business when
they are not open for business. This section shall only apply to the
fueling facility and not the retail business in a situation where
the fueling facility is a part of and adjacent to a retail business
provided the retail sale of gasoline or other motor vehicle fuel is
not the primary purpose of that business.
SEC. 13. SEC. 15. The heading of
Article 5 (commencing with Section 13440) of Chapter 14 of Division 5
of the Business and Professions Code is amended to read:
Article 5. Standards for Spark-Ignition Fuels
SEC. 14. SEC. 16. Section 13440 of
the Business and Professions Code is amended to read:
13440. (a) The department shall establish specifications for
automotive spark-ignition engine fuels. The department shall adopt by
reference the latest standards established by a recognized consensus
organization or standards writing organization such as ASTM
International or SAE International, for automotive spark-ignition
engine fuel, except that no specification shall be less stringent
than required by any California state law.
(b) Any gasoline-oxygenate blend containing methanol shall also
contain an alcohol cosolvent (butanol or higher molecular weight
alcohol) in an amount equal to or greater than the volume percentage
of methanol except those blends previously granted a waiver by the
United States Environmental Protection Agency.
(c) The antiknock index as defined in Section 13400 for gasoline
and gasoline-oxygenate blends shall not be less than 87.
(d) Gasoline and gasoline-oxygenate blends shall meet the latest
specifications set forth in ASTM International Standard Specification
D4814, except that no specification shall be less stringent
than required by any California state law. D4814.
(e) Notwithstanding any other provision of this section, gasoline
sold for use in Inyo or Mono County, or the portion of Kern County
lying east of the Los Angeles County Aqueduct, shall comply with the
latest specification set forth in ASTM International Standard
Specification D4814 relating to volatility class standards for the
season during which the gasoline is sold for either the interior
region or the southeast region of California, except that no
specification shall be less stringent than is required by any
California state law. California.
(f) Ethanol fuel blends shall meet the latest specifications set
forth in ASTM International Standard Specification D5798,
except that no specification shall be less stringent than required by
any California state law. D5798.
(g) Methanol fuel blends shall meet the latest specifications set
forth in ASTM International Standard Specification D5797,
except that no specification shall be less stringent than required by
any California state law. D5797.
(h) Liquefied petroleum gas for use as a motor vehicle fuel
shall meet the latest specifications set forth in ASTM
International Standard Specification D1835, except that no
specification shall be less stringent than required by any California
state law. D1835.
(i) Natural gas for use as a motor vehicle fuel shall meet the
latest specification set forth by the American Society for
Testing and Materials International or Society of Automotive
Engineers International, except that no specification shall be less
stringent than required by any California state law.
ASTM International or SAE International.
SEC. 15. SEC. 17. Section 13440.5 of
the Business and Professions Code is amended to read:
13440.5. For purposes of determining the percentage of ethanol in
a gasoline-oxygenate blend, blend for use as
a fuel, the volume of ethanol includes the volume of any
denaturant (including gasoline) that is added to the extent that
these denaturants do not exceed 5 percent of the volume of
the ethanol. the maximum volume percent specified in
the latest standard established by ASTM International, except that no
standard shall be less stringent than required by any
California state law.
SEC. 16. SEC. 18. Section 13442 of
the Business and Professions Code is amended to read:
13442. (a) It is unlawful for any person to sell, offer for sale,
or cause or permit to be sold or offered for sale, or deliver or
offer for delivery, any product used as a motor
vehicle fuel for internal combustion engines at any place where
motor vehicle fuels are kept or stored for sale, which does not
conform to the requirements of this article, unless and until there
shall be firmly attached to or painted upon each container,
receptacle, pump, and inlet end of the fill pipe of each underground
storage tank, or other equipment used for storage of motor
vehicle fuel, from which or into which the motor vehicle fuel
is drawn or poured for sale or delivery, a sign or label, plainly
visible, comprising the brand, trademark, or trade name of such fuel,
or the words "no brand," that words shall be in letters of gothic
type with a stroke of not less than one-eighth inch in width and not
less than one inch in height, and also the words "not gasoline" in
red letters of gothic type with a stroke of not less than one-half
inch in width and not less than three inches in height, on a white
background and not less than twice the size of any other letters or
words appearing on or near the label or sign.
(b) The provisions of this
article, as to the words "not gasoline," shall not apply to signs or
labels used in connection with the sale or delivery of kerosene, jet
or turbine fuel, diesel fuel, liquefied petroleum gas, natural
gas, or motor fuel comprised of a mixture of gasoline and
lubricating oil properly labeled in accordance with the provisions of
Article 9 (commencing with Section 13480).
(c) This section does not apply to electricity sold as a motor
vehicle fuel.
SEC. 17. SEC. 19. The heading of
Article 5.5 (commencing with Section 13446) of Chapter 14 of Division
5 of the Business and Professions Code is amended to read:
Article 5.5. Standards for Alternative Fuels
SEC. 18. SEC. 20. Section 13446 of
the Business and Professions Code is repealed.
SEC. 19. SEC. 21. Section 13446 is
added to the Business and Professions Code, to read:
13446. The department may establish interim specifications for
alternative fuel for use in motor vehicles until a standards
development organization accredited by the American National
Standards Institute (ANSI) formally adopts a standard for the fuel
for use in motor vehicles. The department shall then adopt, by
reference, the latest standard established by the ANSI-accredited
standards development organization for alternative fuel, except that
no specification shall be less stringent than required by any
California state law.
SEC. 20. SEC. 22. The heading of
Article 6 (commencing with Section 13450) of Chapter 14 of Division 5
of the Business and Professions Code is amended to read:
Article 6. Standards for Compression-Ignition Engine Fuels,
Kerosene, and Fuel Oils
SEC. 21. SEC. 23. Section 13450 of
the Business and Professions Code is amended to read:
13450. The department shall establish specifications for
compression-ignition engine fuel, kerosene, and fuel oil. The
department shall adopt by reference the latest standards established
by a recognized consensus organization or standards writing
organization such as the American Society of Testing and
Materials (ASTM) ASTM International or the
Society of Automotive Engineers SAE
International, for compression-ignition engine fuels, kerosene, and
fuel oil, except that no specification shall be less stringent than
required by any California state law.
(a) Diesel fuel oil and renewable diesel fuel oil shall meet the
specifications set forth in ASTM International Standard Specification
D975.
(b) Kerosene shall meet the specifications set forth in ASTM
International Standard Specification D3699.
(c) Fuel oil shall meet the specifications set forth in ASTM
International Standard Specification D396.
(d) Biodiesel blends shall meet the latest specifications set
forth in ASTM International Standard Specification D7467.
(e) Dimethyl ether used as a motor vehicle fuel shall meet the
latest specifications set forth in ASTM International Standard
Specification D7901.
(f) Renewable diesel fuel shall meet the specifications set forth
in ASTM International Standard Specification D975.
SEC. 24. Section 13460 of the Business
and Professions Code is amended to read:
13460. Engine oil shall not be sold or distributed for use in an
internal combustion engine unless the product conforms to the
following specifications:
(a) It shall meet the engine oil requirements established by
a minimum of one current API classification pursuant to the
latest revision of the SAE International Standard SAE J183 for engine
oil performance and engine service classification.
classification, or a minimum of one current sequence
of the European Automobile Manufacturers Association (ACEA) "European
Oil Specification."
(b) The flashpoints for the various SAE International
classifications shall not be less than the following when tested in
accordance with the latest ASTM International standard method of test
for flash and fire points by means of the Cleveland open cup (ASTM
D-92):
Kinematic
Viscosity
(centistoke) Minimum
Viscosity by ASTM D445 Flash Degrees
Classification at 100b0 C Fahrenheit
SAE 5W 305
SAE 10W 335
SAE 20W 345
SAE 20 345
SAE 30 355
SAE 40 375
SAE 50 400
SAE 60 435
Grade 70 26.1 to less 470
than 31.7
(c)
(b) It shall be free from water and suspended matter
when tested by means of centrifuge, in accordance with the standard
test ASTM D-2273.
(d)
(c) Any engine oil that is represented to meet SAE
International SAE J183 engine oil performance and engine
service classification SA must have a neutralization number
either an acid number or base number of 0.20 mg of
KOH/g as measured by ASTM International method D-974 of
0.20 maximum. Standard Test Method D974 or
equivalent.
(e)
(d) Any engine oil represented as "energy
"resource conserving" shall meet the
requirements established by the latest revision of the SAE
International Recommended Practice SAE J-1423.
SEC. 22. SEC. 25. The heading of
Article 8 (commencing with Section 13470) of Chapter 14 of Division 5
of the Business and Professions Code is amended to read:
Article 8. Price Indications on Motor Vehicle Fuel Dispensing
Apparatus
SEC. 23. SEC. 26. Section 13470 of
the Business and Professions Code is amended to read:
13470. (a) A person shall not sell at retail to the general
public, any motor vehicle fuel from any place of business in this
state unless there is displayed on the dispensing apparatus in a
conspicuous place at least one sign or price indicator showing the
actual total price per gallon, liter, or other
unit of measurement adopted pursuant to Section 12107 or
13404 12107, 13404, or 13404.5 of all motor
vehicle fuel sold therefrom. The actual total
price per gallon, liter, or other unit of measurement shall include
applicable fuel taxes and all sales taxes.
(b) (1) A person shall not sell at retail to the general public,
any compressed natural gas for use as a motor vehicle fuel from any
place of business in this state unless there is displayed and labeled
on the dispensing apparatus in a conspicuous place "Gasoline gallon
equivalent."
(2) A person shall not sell at retail to the general public, any
liquefied natural gas for use as a motor vehicle fuel from any place
of business in this state unless there is displayed and labeled on
the dispensing apparatus in a conspicuous place "Diesel gallon
equivalent."
(c) When a discount is offered from a dispenser computing only at
a higher price, at least one sign or label shall be conspicuously
displayed on the dispenser indicating that the dispenser is computing
at the higher price and indicating the amount of the discount per
gallon, liter, or other unit of measurement in
letters and numerals not less than one-half inch high.
(d) If motor vehicle fuel is sold by unit of measurement other
than gallon, that unit shall be conspicuously displayed on the side
of the dispensing apparatus from which service can be made.
SEC. 24. SEC. 27. Section 13470.5 of
the Business and Professions Code is amended to read:
13470.5. Any person selling, offering for sale, or advertising
for sale, at retail to the general public, any gasoline or other
motor vehicle fuel from any place of business in this state by use of
or through or from any dispensing apparatus and displaying any sign
showing the actual total price per liter, shall,
in addition, display in a conspicuous fashion in full view of the
retail purchaser and in accordance with provisions of this chapter, a
gallon-to-liter conversion table showing quantity and price
equivalents.
SEC. 25. SEC. 28. Section 13471 of
the Business and Professions Code is amended to read:
13471. Each sign required by this article shall be placed in a
conspicuous place on the dispensing apparatus and if service of motor
vehicle fuel may be made from more than one side of such dispensing
apparatus the sign shall be so placed as to be visible from at least
two sides of the dispensing apparatus.
SEC. 26. SEC. 29. Section 13472 of
the Business and Professions Code is amended to read:
13472. When a sign is used in addition to a price indicator, as
defined in Section 13470, and if the same grade of motor vehicle fuel
is sold at a different price from any other dispenser on the same
premises, it shall be unlawful to display the sign on a dispenser
unless a sign with price numerals of equal size is displayed upon
each dispenser from which the same grade of motor vehicle fuel is
dispensed at higher prices.
SEC. 27. SEC. 30. Section 13477 of
the Business and Professions Code is amended to read:
13477. The provisions of this article do not apply to the sale of
motor vehicle fuel for aircraft through or from any portable
dispensing device.
SEC. 28. SEC. 31. Section 13480 of
the Business and Professions Code is amended to read:
13480. (a) It is unlawful for any person to sell any motor
vehicle fuel or lubricant referred to in this chapter at any place
where motor vehicle fuels or lubricants are kept or stored for sale,
unless there is affixed to each container, receptacle, pump,
dispenser, and inlet end of the fill pipe of each underground storage
tank, from which or into which that product is drawn or poured out
for sale or delivery, a sign or label plainly visible consisting of
the name of the product, the brand, trademark, or trade name of the
product, and, in the case of motor vehicle fuel and kerosene, the
grade or brand name designation.
(b) When the product is a lubricant, as defined by Section 13400,
each sign or label shall also have in letters or numerals, plainly
visible, the viscosity grade classification as determined in
accordance with the SAE International latest standard for engine oil
viscosity classification SAE J300 or manual transmission and axle
lubricants viscosity classification SAE J306, as applicable, and
shall be preceded by the letters "SAE."
(c) When the product is automotive spark-ignition engine fuel, the
secretary shall make rules and regulations as are reasonably
necessary to define and enforce the octane number or
number, antiknock index labeling
requirements, or other labeling requirements of the product
sold.
(d) When the product is a motor vehicle fuel consisting of a
mixture or premixture of gasoline and oil or gasoline-oxygenate blend
and motor oil, there shall be conspicuously displayed on the
dispensing device at least one sign or label stating the ratio of
gasoline to motor oil or gasoline-oxygenate blend to motor oil.
(e) All signs or labels required by this section for retail motor
vehicle fuel dispensers and containers of more than one gallon
capacity shall be in letters and numerals not less than one-half inch
(12.70 mm) in height. On containers of one gallon or less, the signs
or labels shall be in letters and numerals not less than one-fourth
inch (6.35 mm) in height and one-sixteenth inch (1.59 mm) in width.
(f) The provisions of this section pertaining to octane numbers or
antiknock index and motor oil SAE International viscosity number
grade shall not apply to products sold for aviation purposes.
(g) This section does not apply to electricity sold as a motor
vehicle fuel.
SEC. 29. SEC. 32. Section 13481 of
the Business and Professions Code is amended to read:
13481. (a) If any motor vehicle fuel or lubricant is offered for
sale, but not under any brand, trademark, or trade name, the words
"no brand" shall be used as the brand, trademark, or trade name
designation. The words "no brand" shall be in letters of gothic type
with a stroke of not less than one-half inch in width, not less than
three inches in height, and shall consist of red letters on a white
background.
(b) This section does not apply to electricity sold as a motor
vehicle fuel.
SEC. 30. SEC. 33. Section 13482 of
the Business and Professions Code is amended to read:
13482. (a) It is unlawful for any person to sell or distribute
engine oil or axle and manual transmission
lubricant unless both of the following are met:
(1) The product conforms to a minimum of one active API
classification pursuant to the latest revision of SAE J183
"Engine Oil Performance and Engine Service Classification,"
or a minimum of one active sequence of the
European Automobile Manufacturers' Association (ACEA) "European Oil
Sequences specification." specification," or
a minimum of one active OEM specification.
(2) The SAE/API or API classification or
ACEA service classification sequence or
OEM specification and SAE J300 viscosity grade is
conspicuously marked on each container.
container or, if provided in bulk, properly described in
product transfer documents.
(b) Whenever the motor oil does not meet an active API service
category as defined to be the latest version of SAE J183, each sign
or label shall bear a plainly visible cautionary statement in
compliance with SAE J183 Appendix A.
(c) Each container of engine oil with a volume of one gallon or
less shall bear a plainly visible statement indicating generally the
automobile model years or condition of service for which the engine
oil is suitable for gasoline engines as described in SAE J183.
(b) It is unlawful for any person to sell or distribute axle and
manual transmission lubricant unless it conforms to an SAE J306
viscosity grade.
SEC. 31. SEC. 34. Section 13485 of
the Business and Professions Code is amended to read:
13485. Small hand measures used for delivery of motor vehicle
fuels or lubricants, and filled in the presence of the customer, need
not be labeled in accordance with this chapter if the receptacle,
container, or pump from which motor vehicle fuels or lubricants are
drawn or poured into the hand measures is properly labeled as
required by this chapter.
SEC. 32. SEC. 35. Section 13486 of
the Business and Professions Code is amended to read:
13486. (a) It is unlawful, at any place of business where motor
vehicle fuels or lubricants are sold, for any person to do either of
the following:
(1) Deliver into a storage tank or container any motor vehicle
fuel or lubricant other than the product identified on the label
attached to the storage tank or container.
(2) Sell by means of, or through, a pump or other device, any
motor vehicle fuel or lubricant other than the product identified on
the required label, tag, or sign attached to the pump or other
device.
(b) This section does not prohibit the delivery of motor vehicle
fuel into a storage tank labeled with the authorized rebrand as
provided in Article 14 (commencing with Section 13560).
SEC. 33. SEC. 36. Section 13500 of
the Business and Professions Code is amended to read:
13500. It is unlawful for any person to transport in any tank
vehicle, for the purpose of sale or for delivery to any place where
motor vehicle fuels or lubricants are stored for sale, any product
referred to in this chapter unless there is firmly affixed at each
outlet or valve of the tank vehicle, a metal tag, plate, or label.
The tag, plate, or label shall display, in letters not less than
one-half inch in height, the name and grade of the product in the
tank compartment of the tank vehicle. In the case of motor oil, the
Society of Automotive Engineers International (SAE)
SAE International viscosity number
shall also be displayed on the tag, plate, or label.
SEC. 34. SEC. 37. Section 13501 of
the Business and Professions Code is amended to read:
13501. It is unlawful for any person, when delivering for the
purpose of sale, or delivering to any place where products referred
to in this chapter are kept for sale, to commingle any product with
another product or to commingle grades of a product, if as a result
of the commingling the product delivered does not meet the
specifications adopted or established by the department.
SEC. 35. SEC. 38. Section 13502 of
the Business and Professions Code is amended to read:
13502. It is unlawful for any person to deliver into a storage
tank or container at any place where products referred to in this
chapter are stored for sale, any product other than the product
identified on the label attached to the storage tank or container.
SEC. 36. SEC. 39. Section 13530 of
the Business and Professions Code is amended to read:
13530. (a) Nothing in this article applies to price indicators
and signs referred to in Article 8 (commencing with Section 13470).
However, any numerals designating the total price per
gallon, liter, or other unit of measurement adopted pursuant to
Section 12107 or 13404 12107, 13404, or
13404.5 for a particular brand and grade of motor vehicle fuel
permitted or required under Article 8 (commencing with Section 13470)
shall, unless otherwise stated, be identical in numerical value with
the price per gallon, liter, or other unit of measurement for the
same brand and grade of motor vehicle fuel permitted or required
under this article.
(b) Nothing in this chapter requires that the cash or merchandise
value of trading stamps be stated on any advertising media that
either advertises the stamps or advertises the price of motor vehicle
fuel.
(c) Unless otherwise prohibited, any person selling motor vehicle
fuel by the liter shall be authorized to advertise its price by
displaying on the advertising medium either the price per liter or
the price per gallon.
SEC. 37. SEC. 40. Section 13531 of
the Business and Professions Code is amended to read:
13531. (a) (1) Every person offering for
sale or selling any motor vehicle fuel to the public from any place
of business shall display on the premises an advertising medium that
complies with the requirements of this article and that advertises
the total prices of the three major grades of motor
vehicle fuel offered for sale. The
(2) The advertising medium shall
be clearly visible from the street or highway adjacent to the
premises. When the place of business is situated at an intersection,
the advertising medium shall be clearly visible from each street of
the intersection. For
(3) For purposes of this
subdivision, motor vehicle fuel does not include propane or
electricity. propane.
(4) For purposes of this subdivision, electricity and natural gas
sold as a motor vehicle fuel shall meet only the requirements adopted
pursuant to Section 13404.
(b) The governing body of any city, county, or city and county
may, by ordinance, exempt specified geographic areas from the
provisions of this section if, pursuant to Article 5 (commencing with
Section 65300) of Chapter 3 of Title 7 of the Government Code, the
areas are designated on the local general plan as scenic corridors or
historic preservation areas.
(c) (1) Except as provided in paragraph (2), any person who
violates the provisions of subdivision (a) is guilty of an infraction
and, upon conviction, is punishable by a fine not to exceed five
hundred dollars ($500).
(2) Any person who violates the provisions of subdivision (a) and
who has been previously convicted two or more times of a violation of
subdivision (a) is guilty of a misdemeanor and, upon conviction, is
punishable by imprisonment in the county jail not exceeding six
months, by a fine not exceeding one thousand dollars ($1,000), or by
both.
(d) Notwithstanding Section 13590, the district attorney of each
county, or pursuant to Section 41803.5 of the Government Code, the
city attorney of any general law city or chartered city within each
county, or the county sealer, shall, upon complaint or upon his or
her own motion, enforce the provisions of this section and, in
addition, may bring an action for injunctive relief in accordance
with Section 13611.
SEC. 38. SEC. 41. Section 13532 of
the Business and Professions Code is amended to read:
13532. (a) It is unlawful for any person to display any
advertising medium that indicates the price of motor vehicle fuel
unless the advertising medium displays all of the following:
(1) The total price per gallon, liter, or other unit of
measurement adopted pursuant to Section 12107 or 13404,
12107, 13404, or 13404.5, including all taxes,
in numerals, and fractions when applicable, not less than six inches
in height and of uniform size and color. For purposes of this
article, fractions are considered one numeral. For purposes of this
section, electricity sold as a motor vehicle fuel shall meet only the
requirements adopted pursuant to Section 13404.
(2) The trademark or brand of the motor vehicle fuel in letters,
figures, or numerals not less than one-third the size of the numerals
designating the price.
(3) The word "gasoline" or the name of other motor vehicle fuel in
letters not less than one-third the size of the numerals designating
the price, but these words need not be more than four inches in
height.
(4) The grade designation of the motor vehicle fuel in letters or
numerals not less than one-sixth the size of the numerals designating
the price, but this designation need not be more than four inches in
height.
(5) If motor vehicle fuel prices are advertised by the unit of
measurement other than gallon, the unit shall be displayed on the
advertising medium in letters not less than one-third the size of the
numerals designating the price.
(b) (1) It is unlawful for any person to display an advertising
medium that advertises a discount or price reduction for motor
vehicle fuel, unless the advertising medium contains all the
following:
(A) The total price per gallon, liter, or other unit of
measurement adopted pursuant to Section 12107 or 13404
12107, 13404, or 13404.5 from which the discount
or price reduction is to be taken.
(B) The amount of the discount or price reduction in cents per
gallon, liter, or other unit of measurement using numerals that do
not exceed the height of the numerals in the advertised price.
(C) The conditions of the discount or price reduction using words
whose letters are not less than one-third the size of the price
numerals.
(2) Any limitations under which the discount or price reduction is
offered shall be explained in words whose letters are not less than
one-third the size of the numerals indicating the prices.
(3) There shall be available for each customer's reference, a
chart showing the amount of discount for each type of unit being sold
or fraction thereof in one cent ($0.01) increments, or the retail
dispensers used to dispense motor vehicle fuel at the
discount price shall be set to compute the total sale at the
discounted price per gallon or liter and shall be clearly labeled
"Includes Cash Discount" in letters not less than one inch in height.
(4) For purposes of this subdivision, the motor vehicle fuel shall
be sold in the same unit of measure in which the discount and the
price from which the discount is taken are advertised.
(c) In the event that the same grade of motor vehicle fuel is sold
at different prices from any single place of business, it is
unlawful for any person to display any advertising medium that
advertises a price of a grade of motor vehicle fuel unless the
advertising medium advertises in numerals of equal size each of the
higher prices, including all taxes for which the grade is sold or
offered for sale, and unless the advertising medium explains the
conditions, and any limitations, under which that grade is sold or
offered for sale at different prices. The words of explanation shall
be clearly shown in letters at least one-third the size of the
numerals indicating the prices. The different prices at which the
same grade of motor vehicle fuel is sold or offered for sale shall be
advertised in the same unit of measure as permitted or required by
law.
(d) Nothing in this section prohibits any person who has posted or
displayed a sign or advertising medium in compliance with this
chapter from displaying additional signs or advertising media that
state either (1) the amount of discount in cents per gallon, liter,
or other unit of measurement adopted pursuant to Section
12107 or 12107, 13404, or 13404.5, or
(2) the total price of one or more brands or grades of
motor vehicle fuel sold or offered for sale, provided the conditions
and any limitations of the discount or price of the brand or grade of
motor vehicle fuel are included in the additional advertising media
in letters not less than one-third the size of the numerals
indicating the discount or price.
SEC. 39. SEC. 42. Section 13535 of
the Business and Professions Code is amended to read:
13535. If any motor vehicle fuel or lubricant is advertised for
sale, but not under any brand designation, the words "no brand" shall
be used on the advertising medium as a brand designation.
SEC. 40. SEC. 43. The heading of
Article 13 (commencing with Section 13550) of Chapter 14 of Division
5 of the Business and Professions Code is amended to read:
Article 13. Inducements for the Sale of Motor Vehicle Fuel
SEC. 41. SEC. 44. Section 13550 of
the Business and Professions Code is amended to read:
13550. No motor vehicle fuel producer or distributor shall compel
or unduly or unreasonably influence any retail dealer to participate
in the giveaway or offer to give away free of charge any item of
value, including trading stamps or any kind of merchandise or goods,
whether or not the giveaway is conditional upon the purchase of motor
vehicle fuels or lubricants. The decision to participate in those
giveaways shall be solely that of the retail dealer. Nothing in this
section shall prohibit a retail dealer from entering into an
agreement to participate in any giveaway program.
SEC. 42.
SEC. 45. Section 13570 of the Business and Professions
Code is amended to read:
13570. (a) A manufacturer, blender, agent, jobber, consignment
agent, or distributor who distributes motor vehicle fuel that contain
at least 1 percent alcohol by volume, shall state on an invoice,
bill of lading, shipping paper, or other documentation used in normal
and customary business practices, the percentage of alcohol, the
type of alcohol, and, except in documentation certifying the octane
rating of gasoline as required by federal law, the minimum antiknock
index number, as defined in Section 13403, of the products
distributed.
(b) If a motor vehicle fuel product contains less than 10 percent
ethanol, a statement in the documentation that the product "contains
up to 10% ethanol" meets the requirement of subdivision (a) that it
state the percentage of alcohol. ethanol.
(c) This section, as it relates to certification of the minimum
antiknock index number, applies to all motor vehicle gasoline
distributed.
SEC. 43. SEC. 46. Section 13590 of
the Business and Professions Code is amended to read:
13590. It is the duty of the department acting through the
Division of Measurement Standards to enforce the provisions of this
chapter, and to appoint and employ inspectors as may be necessary.
SEC. 44. SEC. 47. Section 13591 of
the Business and Professions Code is amended to read:
13591. (a) The department, its inspectors, and each sealer, are
hereby authorized and empowered to inspect the motor vehicle fuels or
lubricants referred to in this chapter and to enter, for the purpose
of the inspection, any place where motor vehicle fuels or lubricants
are kept or stored for sale.
(b) All those officers shall enforce the provisions of this
chapter.
SEC. 45. SEC. 48. Section 13592 of
the Business and Professions Code is amended to read:
13592. The department, each sealer, and any person now or
hereafter authorized or empowered by law to inspect the motor vehicle
fuels or lubricants referred to in this chapter, may take such
sample or samples as may be necessary of any motor vehicle fuel or
lubricant kept or stored for the purpose of sale.
SEC. 46. SEC. 49. Section 13595 of
the Business and Professions Code is amended to read:
13595. (a) It is unlawful for any person to sell or deliver any
motor vehicle fuel or lubricant referred to in this chapter that
fails to meet the specifications required by this chapter.
(b) It is unlawful for any person to sell or deliver any motor
vehicle fuel or lubricant referred to in this chapter into, from, or
through an unlabeled or mislabeled container or device.
(c) (1) The department, each county sealer, deputy county sealer,
and inspector may close and seal outlets and inlets of any
receptacles, containers, pumps, dispensers, or storage tanks
connected to the outlets and inlets, containing any motor vehicle
fuel or lubricant referred to in this chapter that fails to meet the
requirements of this chapter.
(2) The person so sealing shall post in a conspicuous place on the
premises, where a receptacle, container, pump, dispenser, or storage
tank connected to the outlets and inlets has been sealed, a notice
stating that the action of sealing has been taken in accordance with
this chapter, and giving warning that it is unlawful to break,
mutilate, or destroy the seal or seals of the outlets and inlets, to
move the container, or to remove the contents from the container,
under the penalty provided in this division.
(d) If a container or lot of containers of any commodity subject
to this chapter is found to contain a commodity not in conformity
with this chapter, the secretary or sealer representing the secretary
may take a sample or samples reasonably necessary for enforcement
purposes and may, in writing, order the containers off sale. Any lot
or container ordered off sale pursuant to this section shall be
subject to a disposal order by the enforcing officer and shall not be
sold, offered for sale, or transported, except in accordance with
that disposal order. Any action pursuant to this section shall not
affect any rights of a retailer under a warranty of merchantability
or warranty of fitness.
SEC. 47. SEC. 50. Section 13600 of
the Business and Professions Code is amended to read:
13600. It is unlawful for any person, or any member, officer,
agent, or employee of a firm, association, or corporation, other than
the department or any of the officers mentioned in this article, to
break, mutilate, or destroy any seal or seals placed upon a
container, receptacle, pump, or storage tank connected thereto, or
any other storage tank containing a motor vehicle fuel or lubricant,
when placed thereon as provided by this article, or to move a
container so sealed, or remove the contents therefrom, or to cover,
deface, or remove the notice of sealing required by this article.
SEC. 48. SEC. 51. Section 13700 of
the Business and Professions Code is amended to read:
13700. For purposes of this chapter, the following terms mean the
following:
(a) "Automotive product" means engine coolant or antifreeze,
prediluted engine coolant or prediluted antifreeze, brake fluid,
automatic transmission fluid, and diesel exhaust
fluid.
(b) "Automatic transmission "Transmission
fluid" means a product intended for use in a passenger
vehicle, other than a bus, motor vehicle as
either a lubricant, coolant, or liquid medium in any type of
fluid automatic transmission, or any other type of unit
through which, or by which, force, energy, or power is transferred
from a motor vehicle engine by hydraulic means to the driving
assembly. Transmission fluid does not include manual
transmission lubricant, as described in the latest revision of the
SAE Information Report on axle and manual transmission lubricants,
SAE International J308.
(c) "Brake fluid" means the fluid intended for use as the liquid
medium through which force is transmitted in the hydraulic brake
system of a vehicle operated upon the highways.
(d) "Carton" means the package or wrapping in which a number of
containers are shipped or stored.
(e) "Container" means any receptacle in which a commodity is
immediately contained when sold, but does not mean a carton or
wrapping in which a number of receptacles are shipped or stored, or a
tank car or truck.
(f) "Diesel exhaust fluid" or "DEF" means an aqueous urea solution
used in selective catalytic reduction to lower oxides of nitrogen
concentration in the exhaust emissions of diesel engines that meets
the last version of International Organization for Standardization
(ISO) specification for DEF.
(g) "Engine coolant" or "antifreeze" means any substance or
preparation, regardless of its origin, intended to be diluted before
use as the cooling medium in the cooling system of an internal
combustion engine to provide protection against freezing,
overheating, and corrosion of the cooling system, or any product
intended to be diluted before use that is labeled to indicate or
imply that it will prevent freezing or overheating of the cooling
system of an internal combustion engine.
(h) "Label" means all written, printed, or graphic
representations, in any form whatsoever, imprinted upon or affixed to
any container or accompanying any product
referred to in this chapter.
(i) "Prediluted engine coolant" or "prediluted antifreeze" means
any substance or preparation, regardless of its origin, intended or
labeled for use at full strength as the cooling medium or as a top
off in the cooling system of an internal combustion engine to provide
or supplement protection against freezing, overheating, or corrosion
of the cooling system.
(j) "Principal display panel" means that part of the label that is
designed to most likely be displayed, presented, shown, or examined
under normal and customary conditions of display and purchase.
SEC. 49. SEC. 52. Section 13710 of
the Business and Professions Code is amended to read:
13710. (a) (1) The department shall establish specifications for
engine coolants, antifreeze, prediluted engine coolants, and
prediluted antifreeze that promote the public safety in the operation
of motor vehicles.
(2) The chemical, physical, and performance specifications for
engine coolants and antifreeze and prediluted engine coolants and
prediluted antifreeze under paragraph (1) shall not fall below the
minimum specifications, if any, established by ASTM International.
Engine coolant and antifreeze shall not contain, after dilution with
30 percent water and subsequent mixing, visually identifiable
suspended matter or sediment. Prediluted engine coolant and
prediluted antifreeze shall not contain, after mixing, visually
identifiable suspended matter or sediment.
(3) For purposes of this subdivision, the department shall adopt
the ASTM International testing procedures. Methanol- and
ethanol-based coolants and antifreeze are not suitable for use in
automotive engines and shall not be sold or distributed for
automotive use.
(b) Any automatic transmission fluid sold without limitation as to
type of transmission for which it is intended, shall meet all
automotive manufacturers' recommended requirements for transmissions
in general use in the state. Automatic transmission fluids that are
intended for use only in certain transmissions, as disclosed on the
label of its container, shall meet the latest automotive
manufacturers' recommended requirements for those transmissions.
(b) Transmission fluid shall meet the latest automotive
manufacturers' recommended requirements for all transmissions
disclosed on the label of its container. No transmission fluid shall
be sold without clearly disclosing, on the label of its container,
the type of transmission for which it is intended.
(c) The department shall establish specifications for brake fluid
that promote the public safety in the operation of automotive
vehicles. The specifications for brake fluid shall not fall below the
minimum specifications established by the National Highway Traffic
Safety Administration of the United States Department of
Transportation.
(d) Any manufacturer or packager of any product regulated by this
chapter and sold in the state shall provide, upon request to duly
authorized representatives of the department, documentation of any
claim made upon their products' label.
SEC. 50. SEC. 53. Section 13711 of
the Business and Professions Code is amended to read:
13711. (a) An engine coolant or antifreeze is mislabeled if any
of the following occurs:
(1) The container does not bear a label on which is printed the
brand name, principal ingredient, intended application of the coolant
or antifreeze, name and place of business of the manufacturer,
packer, seller, or distributor, and an accurate statement of the
quantity of the contents in terms of liquid measure.
(2) The container does not bear a chart on the label showing
appropriate amounts of engine coolant or antifreeze and water in
terms of liquid measure to be used to provide protection from
freezing at temperatures to at least 30 degrees below zero
Fahrenheit.
(3) The container does not bear a statement on the label showing
the boiling point of a 50 percent by volume mixture of engine coolant
or antifreeze and water in degrees Fahrenheit.
(4) The container is one quart or less and does not bear a label
on which is printed the words "engine coolant" or "antifreeze" in
letters at least 1/8 inch high on the principal display panel. The
container is greater than one quart and does not bear a label on
which is printed the words "engine coolant" or "antifreeze" in
letters at least 1/4 inch high on the principal display panel.
(5) The principal ingredient is propylene glycol or glycerin and
the container does not bear a statement on the label not to use an
ethylene glycol hydrometer concentration tester for propylene glycol
or glycerin coolants.
(6) The container and carton do not bear a lot or batch number on
the label identifying the container lot and date of packaging.
(b) A prediluted engine coolant or prediluted antifreeze is
mislabeled if any of the following occurs:
(1) The container does not bear a label on which is printed the
brand name, principal ingredient, intended application of the coolant
or antifreeze, name and place of business of the manufacturer,
packer, seller, or distributor, and an accurate statement of the
quantity of the contents in terms of liquid measure.
(2) The container does not bear a statement on the label showing
the protection from freezing in degrees Fahrenheit.
(3) The container does not bear a statement on the label showing
the boiling point in degrees Fahrenheit.
(4) The container is one quart or less and does not bear a label
on which is printed the words "prediluted engine coolant" or
"prediluted antifreeze" in letters at least 1/8 inch high on the
principal display panel. The container is greater than one quart and
does not bear a label on which is printed the words "prediluted
engine coolant" or "prediluted antifreeze" in letters at least 1/4
inch high on the principal display panel.
(5) The container is one quart or less and does not bear a label
on which is printed the words "DO NOT ADD WATER" in letters at
least1/8 inch high. The container is greater than one quart and does
not bear a label on which is printed the words "DO NOT ADD WATER" in
letters at least 1/4 inch high.
(6) The principal ingredient is propylene glycol or glycerin and
the container does not bear a statement on the label not to use an
ethylene glycol hydrometer concentration tester for propylene glycol
or glycerin coolants.
(7) The container and carton do not bear a lot or batch number on
the label identifying the container lot and date of packaging.
(c) Automatic transmission fluid
"Transmission fluid" is mislabeled if any of the following
occurs:
(1) The container does not bear a label on which is printed the
brand name, the name and place of business of the manufacturer,
packer, seller, or distributor, the words "Automatic
Transmission "Transmission Fluid," and the duty
type classification.
(2) The container does not bear a label on which is printed an
accurate statement of the quantity of the contents in terms of liquid
measure.
(3) The labeling on the container is false or misleading.
(4) The container and carton do not bear a lot or batch
number on the label identifying information that
identifies the container lot or batch.
(d) Brake fluid is mislabeled if any of the following occurs:
(1) The container does not bear a label that conforms to the
requirements of the National Highway Traffic Safety Administration,
United States Department of Transportation, and upon which is printed
the brand name.
(2) The container does not bear an accurate statement on the label
of the quantity of the contents in terms of liquid measure.
(3) The labeling on the container is false or misleading.
(e) The secretary shall establish the method of sale of diesel
exhaust fluid sold at retail to the public. In doing so, the
secretary shall adopt, by reference, the latest method of sale for
diesel exhaust fluid adopted by the National Conference on Weights
and Measures and published in the National Institute of Standards and
Technology Handbook 130 "Uniform Laws and Regulations in the Areas
of Legal Metrology and Engine Fuel Quality," except as specifically
modified, amended, or rejected by regulation adopted by the
secretary.
(f) If a container or lot of containers of any commodity subject
to this chapter is found to contain a commodity not in conformity
with this chapter, the sealer may take one or more samples reasonably
necessary for enforcement purposes and may, in writing, order the
containers off sale. Any lot or container ordered off sale pursuant
to this section shall be subject to a disposal order by the enforcing
officer and shall not be sold, offered for sale, or transported,
except in accordance with that disposal order. Any action pursuant to
this section shall not affect any rights of a retailer under a
warranty of merchantability or warranty of fitness.
SEC. 51. SEC. 54. Section 13741 of
the Business and Professions Code is amended to read:
13741. (a) It is unlawful for any person or other legal entity to
make any deceptive, false, or misleading statement by any means
whatever regarding quality, quantity, performance, price, discount,
or saving in the sale or selling of any commodity regulated pursuant
to this chapter.
(b) Any manufacturer or packager of any product subject to this
chapter and sold in this state shall provide, upon request, to a duly
authorized representative of the department documentation of any
claim made on his or her product's label.
SEC. 52. SEC. 55. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
